CIVIL ACTIONS-PLEADINGS.

AN ACT to amend section 116, and to repeal section 300, of the first division, code of civil procedure of the revised statutes of Montana.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I. That section 116, of the first division of the revised statutes of Montana, be amended so as to read as follows:

name is un

substituted.

SEC. 116. When the plaintiff is ignorant of the name When true of a defendant, such defendant may be designated in any known any pleading or proceeding by any name, and when his true name may be name is discovered the pleadings or proceedings may be amended accordingly. It shall be sufficient in all actions, Not necessary papers, pleadings, or proceedings, to designate any party to insert or person by the initial letter or letters, or some contrac-Christian tion of the Christian or first name or names, instead of stating the Christian or first name in full.

name.

full

SEC. 2.

That section 300 of the first division of the

revised statutes of Montana is hereby repealed.

SEC. 3.

This act shall take effect and be in force from

and after its passage.

Approved March 12, 1885.

CLERKS OF DISTRICT AND PROBATE COURTS.

AN ACT relative to bonds of clerks of courts.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I. The clerks of the territorial district courts, and clerks of the probate courts, are hereby required to To give bonds. execute official bonds, running to the people of the territory of Montana, conditioned for the faithful performance of their duties as clerks of their respective courts, and to account for all moneys of litigants and others coming into their hands as such clerks. Each clerk of the district court, before entering upon the discharge of

trict courts to

territory.

his duties as such, shall file with the secretary of the territory a good and sufficient bond conditioned as aforeClerks of dis- said, in the sum of twenty thousand dollars, with two or file bond with more sureties, to be approved by the judge of the district secretary of the court of the district for which he is appointed. Clerks of the probate [courts] shall give bonds in the sum of five thousand dollars, with two or more sureties, to be bate court to approved by the judge of the probate court of the county file bond with for which they are appointed. Such bond shall be filed in the office of the county clerk of the county for which the clerk is appointed.

county clerk,

Bonds may

be sued upon

SEC. 2. The bond so executed by said clerks may be in the name of sued upon in the name of the territory of Montana, in Montana. any court of competent jurisdiction, to the use of any person or persons aggrieved by any breach of the

the territory of

same.

SEC. 3. That article I of chapter 8 of the fifth division of the revised statutes, and all acts and parts of acts in conflict herewith, be and the same are hereby repealed.

SEC. 4.

This act shall take effect and be in force from

and after its passage.

Approved February 16, 1885.

victed of felony

to confinement

CONVICTS-PENALTY.

AN ACT concerning penalties for crime.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I. In all cases of conviction for felony, hereafter Persons con- committed, it shall be the duty of the court sentencing to be sentenced any person convicted to attach to the sentence of imprisat hard labor. Onment the provision that such imprisonment be at hard labor; and whenever any jury shall have designated in their verdict any term of imprisonment the same shall be deemed and held to mean imprisonment at hard labor.

charge of such

The officer in SEC. 2. It shall be the duty of the person or officer prisoners to having charge of any such prisoner in any prison, penitentiary, jail, or other place of confinement, to furnish

furnish labor.

labor to such prisoner, and to require of him the performance thereof, in all cases where such labor can be furnished such prisoner within the limits of such place of confinement, or as permitted by the law of the jurisdiction within which such sentence of imprisonment is being carried into effect.

Approved March 10, 1885.

CONVICTS, TERRITORIAL.

AN ACT authorizing the governor to contract for the keeping and maintenance of territorial prisoners.

The

governor

keeping

prisoners in

territory.

contract

of

lim

Be it enacted by the Legislative Assembly of the Territory of Montana: SEC. I. That on and after the passage of this act the may contract governor be and is hereby authorized and directed to for enter into, make, and execute, in behalf of and in the any state or name of the territory, upon such terms as he shall deem best, a contract with the proper authorities of any state or territory, for the safe keeping, clothing, medicines, medical treatment, and care and maintenance, in the pen- Duration itentiary of such state, for a term not exceeding three ited." years, of all persons sentenced for a period of two or more years to confinement in the penitentiary for offen- Compensation ses against the laws of the territory: Provided, that the for keeping amount contracted to be paid by the territory shall not ited. exceed fifty cents per day for the safe keeping, clothing, and maintenance of each convict; and he may renew the contract on terms alike advantageous to the territory for a further period of three years, unless otherwise provided by law.

prisoners lim

Prisoners sen

years or over

finement in the

SEC. 2. All persons heretofore sentenced, or that may tenced to two hereafter be sentenced, to imprisonment in the peniten- may be sentiary for a period of two or more years shall be confined tenced to conin the penitentiary of that state or territory with which penitentiary of the governor may contract for the safe keeping and rit ry maintenance of the same; and there shall be added to all sentences of confinement in the penitentiary the additional penalty of hard labor.

SEC. 3. It shall be the duty of the governor to report to the territorial auditor, at such stated periods as are

the state or ter

with

which contract is made.

Governor to

provided in the contract he may make for the keeping of said convicts, the amount due from the territory, specireport the fying the names of the convicts, and the length of time amount due. the territory is charged for each respectively, and the territorial auditor is hereby authorized to draw his warrant draw warrant on the territorial treasurer, in the name of the proper offifound due. cer of the prison, for the amount found due on said report.

Auditor to

for the amount

Governor to

person to con

tiaries.

SEC. 4. The governor is hereby authorized to employ some competent person or persons to take charge of employ some such convicts as are now or may hereafter be sentenced vey prisoners to confinement in the penitentiary for the period of two to said peniten- or more years, and safely transport said convicts to the penitentiary of the state or territory that has contracted for the safe keeping and maintenance of the same; and the said person or persons shall receive for such services Compensation his actual, reasonable, and necessary expenses, and a per ployed limited. diem of not exceeding four dollars while necessarily employed in such duty, which amount or amounts shall be ascertained by the governor, verified by the oath of the person or persons performing such service, and to be paid out of the territorial treasury on his order and the warrant of the territorial auditor.

of persons em

give notice to

district courts.

SEC. 5. After such contract has been made by the Governor to governor, he shall give notice to the judges of the judges of the district courts of the same, and after such notice all persons sentenced to imprisonment in the penitentiary for a period of two or more years shall be sentenced to be confined in the penitentiary of the state or territory that contracts with the territory for the keeping and maintenance of the same.

Such peniten

held to be penitentiaries

SEC. 6. That the penitentiary of the state or territory that contracts for the keeping of territorial prisoners shall tiaries to be be taken and held in law to be the territorial penitentiary for the confinement of prisoners who are now or may this territory. hereafter be sentenced to confinement in the penitentiary for the period of two years, or more, and such prisoners shall be subject to all the rules and regulations adopted and enforced for the government of said penitentiary.

Contract may be renewed.

SEC. 7. That if any contract made by the governor with any state or states or territory shall expire by limitation of the contract, or otherwise becomes inoperative,

he is hereby authorized to enter into a contract with some other state or states or territory, subject to the terms and limitations of this act.

Approved March 10, 1885.

COUNTY ATTORNEYS.

AN ACT creating the office of county attorney.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I. That the office of the county attorney be and the same is hereby created, and at the next general election to

be held in the territory of Montana, and every two years When to be thereafter, there shall be elected in each county in the elected. territory, one county attorney who shall hold his office for the term of two years, and until his successor is elected and qualified. No person shall be eligible to the office of county attorney who is not a regularly licensed and practicing attorney-at-law in the territory of Montana.

Who eligible.

SEC. 2. Each county attorney, before entering upon the discharge of the duties of his office, shall execute to To give bond. the territory of Montana, a bond in the sum of two thousand five hundred dollars, with two or more sufficient sureties, to be approved by the county commissioners of the county for which he is elected, and filed in the office of the county recorder, and conditioned for the faithful performance of the duties of his office. Said county attorneys shall also take and subscribe the oath of office prescribed by law for other county officers.

SEC. 3. It shall be the duty of each county attorney in his respective county to sign all bills of indictment that may be found by the grand jury, and to prosecute and defend, on behalf of the people, all public prosecutions and civil actions arising in his county, before the supreme, district, and probate courts, wherein the territory of Montana, or the county in which he is elected, is a party; he shall also, when practicable, appear on behalf of the people, and prosecute all criminal proceedings in

Duties.